HAR §12-42-33. Election procedure

(a) All elections shall be by secret ballot. (b) Ballot: (1) Any employee organization may upon motion and with the ap- proval of the board have its name removed from the ballot, pro- vided the motion is filed with seven days after the signing of the stipulation for a consent election. (2) In a decertification proceeding the exclusive bargaining represen- tative may not have its name removed without giving due notice in writing to the board and all parties disclaiming any representation interest among the employees in the appropriate bargaining or optional appropriate bargaining unit. (c) Any party may be represented at the polling places by observers selected in accordance with such conditions as the board may prescribe. (d) Challenges: (1) Any authorized observer or the board’s agent may challenge, for good cause, the eligibility of any person to participate in the elec- tion. (2) The ballots of such challenged persons shall be impounded. (3) If the challenged ballots are insufficient in number to affect the results of the election, the challenged ballots shall not be counted. (4) If the challenged ballots are sufficient in number to affect the result of the election, the board shall conduct an investigation and shall, if appropriate, conduct a hearing. (e) Objections to the conduct of the election or conduct affecting the results of the election: (1) Within five days after the tally of ballots has been furnished, any party may file with the board an original and five copies of a statement of objections to the conduct of the election or conduct affecting the results of the election. Such statement shall be timely filed whether or not challenged ballots, if any, are sufficient in number to affect the results of the election. (2) The objecting party shall serve copies of the statement of objec- tions forthwith upon all parties and proof of service thereof shall be filed with the board. (3) Upon the filing of a statement of objections to the conduct of the election or conduct affecting the results of the election, the board shall conduct an investigation and shall, if appropriate, conduct a hearing. (f) An answer may be filed within five days after service of the statement of objections. The answer shall contain a brief statement of facts refuting the objections. One copy of the answer shall be served on each party, and the original and five copies with proof of service upon all parties shall be filed with the board. 26 (g) Run-off election: (1) The board shall conduct a run-off election when an election in which the ballot provides for not less than three choices (i.e., at least two employee organizations and “no representation”) results in no choice receiving a majority of the valid ballots cast, or where the ballot provided for a choice between two representatives and the number of valid ballots cast for the two choices are equal in number, and no objections are filed. (2) The ballot in the run-off election shall provide for a selection between the two choices receiving the largest number of valid ballots cast. (3) The board may, in its discretion, maintain the same eligibility date or establish a new eligibility date. [Eff. Feb. 6, 1981] (Auth: HRS §89-5) (Imp: HRS §§89-6, 89-7)